The Morality and Law of Disobeying Unlawful Commands: A Soldier’s Duty
The question of whether a soldier can or should disobey an unlawful command is a complex issue that intersects with moral, legal, and ethical considerations. This article delves into the Uniform Code of Military Justice (UCMJ) and the specific provisions that govern such situations.
Understanding Unlawful Commands
According to the UCMJ, any order that is unlawful is legally required for soldiers to disobey. However, the concept of an 'unlawful order' is not always black and white. Soldiers must determine if an order violates military law, regulations, or even international law. Failure to follow such an order can lead to severe consequences, both for the soldier and the individual who issued the order.
The Legal Consequences
Under the UCMJ, there is a specific charge for not following a lawful order (Article 92). If a soldier were to disobey an unlawful order, the person issuing the order could face charges of adjudged with Article 92. The affected soldier would then face an Article 32 investigation to determine if the order was indeed unlawful. If it is determined to be lawful, the soldier could face severe penalties, which may include a court-martial, nonjudicial punishment (NJP), or even a dishonorable discharge.
Historical Context and Human Behavior
Historically, cases where soldiers have disobeyed unlawful orders are rare, but not absent. Many examples in wartime situations highlight the moral and ethical dilemmas involved. The dehumanization of enemies can lead to inhumane actions, making it challenging for soldiers to resist immoral commands.
Examples of Disobedience
One famous example is the case of Pfc. Ernest X. Fant, who refused to carry out a deadly order to set a booby trap. His decision was guided by his conscience and a firm belief in the morality of his actions. Ultimately, Fant was found innocent for refusing to follow the illegal order, emphasizing the importance of individual ethics in such scenarios.
Legal Defenses and Protection
Soldiers are indeed required to disobey unlawful orders. However, before doing so, they must ensure that the order is indeed unlawful. Proving an order's unlawfulness protects the soldier from legal repercussions. Article 92 of the UCMJ serves as the guiding principle here, ensuring that soldiers are not punished for following their moral and ethical standards.
Potential Penalties
If a soldier is found to have disobeyed a lawful order, they may face various penalties, ranging from nonjudicial punishment (NJP) for minor offenses to a court-martial for more serious violations. The NJP could involve a strict reprimand, reduction in rank, or the loss of pay. In more severe cases, a court-martial could lead to a dishonorable discharge, a reduction to the lowest enlisted rank, and potentially imprisonment.
Interdisciplinary Considerations
The issue of disobeying unlawful commands is also interdisciplinary, involving military ethics, psychology, and legal studies. Understanding the psychological stress and moral reasoning behind such decisions is crucial. Both the UCMJ and military leadership must consider these factors to create an environment where soldiers feel empowered to act ethically in the face of unethical orders.
Conclusion
The dilemma of whether to disobey an unlawful command is a profound one. Soldiers have a moral and legal duty to refuse such orders, but the decision is not without its risks. The UCMJ provides a framework to protect those who act on moral principle, ensuring that individual rights and ethical standards are upheld.